Judge: Richmond failed to preserve evidence in FOIA lawsuit
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A Richmond judge ruled Monday night that the city "recklessly" failed to preserve key evidence in Connie Clay's wrongful termination lawsuit.
Why it matters: Richmond officials will now face a trial where the jury can presume that the evidence would've been harmful to the city, per the ruling.
State of play: The missing proof was a work phone belonging to former city spokesperson — and Clay's former boss — Petula Burks.
- City attorneys say it was lost in either New York's or Philadelphia's airport months after the suit was filed.
- That wasn't disclosed to the judge until months later, after the city produced Burks' mostly blank replacement device.
Zoom in: Circuit Court Judge Claire G. Cardwell's ruling was a sharp rebuke of the city's handling of evidence in a suit centered on government transparency.
- In it, Cardwell said the lengthy dispute over the phone reflected "a general lack of respect for the Court's orders" that forced a nine-month trial delay and drove up costs.
- She also ordered Richmond to pay Clay's attorneys fees tied to discovery disputes by March 23 and slammed the city's attorneys for not making a meaningful effort to preserve the phone's contents.
What they're saying: "The Court still has not received a complete, consistent, and definitive story regarding how exactly the phone was lost, where it was lost, when precisely it was lost and where it is now," Cardwell wrote.
Catch up quick: Clay, Richmond's Freedom of Information Act (FOIA) officer under Mayor Levar Stoney, was fired in early 2024.
- She claims it was for refusing to violate FOIA, which legally requires government entities to provide requested public records within deadline.
- So she sued the city and Burks.
- Richmond officials claim Clay was fired for being a difficult employee, per The Richmonder.
What's next: The trial starts in June.
Go deeper: Richmond FOIA lawsuit fuels mistrust concerns, costs city $671K so far